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Langdale Industrial (Entirely Fictitious) Painting Company
York Industrial Estate
22 November 2015
Barbara Rudge v You
Occupational Asthma claim
We are instructed by our above-named client to claim damages in connection with a claim for occupational asthma.
Our client considers that the injuries occurred through your negligence and/or breach of statutory duty and she claims damages accordingly.
Please find enclosed an additional copy of this letter for you to send to your insurers. You must refer the copy letter to the relevant insurers at your soonest. If you do not do so, then this may impact upon your insurance cover and/or the conduct of any potential legal proceedings.
As we consider that our client’s claim would be likely to be allocated to the multi-track and have a value in excess of £25,000, this is a letter of claim sent in accordance with the Pre-Action Protocol for Disease and Illness Claims. At this stage, therefore, matters which arise will be dealt with under that Protocol. We trust your insurers will reciprocate by meeting their obligations under the Protocol.
We should like to deal with liability promptly. Once liability is conceded, we hope that it will then allow us to enter negotiations on quantum and explore the possibility of settlement. If liability is not accepted, and/or you blame anyone else for our client’s injuries, please provide full details so that we may consider your position and take our client’s instructions.
This letter only provides a summary of the factual matrix of this claim, and the reasons why it is that you are liable for our client’s injuries. This summary, however, should not be taken to be complete recitation of the facts, and we reserve the right to amend the claim in due course, should we be instructed to do so. Should court proceedings be issued, then we reserve the right to fully plead the claim as we see fit, without reference to this letter of claim.
Circumstances of the Exposure
The circumstances leading to the development of our client’s condition are as follows:-
We are instructed that our client has been employed by you as a Painter for the past 10 years. We are instructed that she worked eight-hour shifts.
Our client’s job involved spraying metal panels with paint. She informs us that, due to poor ventilation in her work area, the air was filled with paint fumes, at all times. As a result, our client was continually inhaling these fumes, as well as dust, for protracted periods of time - sometimes for up to nine hours per day.
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